In a decree dated 28 March 2021, The Court of Milan recognised anti-union conduct under art. 28 of Italian Law no. 300/1970 at a company where a video message was circulated by its Chairman of the Board of Directors, which invited staff to join a trade union and enter into a collective industry agreement.The fact ....
Read moreSix years ago, on 7 March 2015, the Jobs Act came into force, providing innovative protection if there is an unlawful dismissal for new employees under permanent contracts. At the time, this measure was considered revolutionary for the principles governing the existing protections. It intended to regulate the consequences of unlawful dismissal automatically and based ....
Read moreNon-competition agreement – Agreement nullity – Remuneration – agreement onerousness – Remuneration Determination/Determinability Court of Cassation, 1 March 2021, no. 5540 “Concerning the non-competition agreement entered into with an employee, the mere provision that the agreement is onerous excludes the extreme sanction of the agreement’s nullity may be applied if there is a financial imbalance ....
Read moreVittorio De Luca during the #Ripartitalia special on MF today, analyses the salient points of Law 81 of 2017, which for many aspects has proven to keep up with the times and withstood the test of the changes caused by the pandemic crisis. However, various limits need to be taken into consideration for a reform. The ....
Read moreEmployees who work a daily shift exceeding 6 hours, must be granted a substitute meal voucher if they are unable to use the canteen service or if, due to their job, they are not able to take a break. This principle expressed by the Court of Cassation, which, with ruling no. 5547 of 1 March ....
Read moreAccording to Supreme Court n. 4056 of February 16, 2021: “the aliunde perceptum is not exception in the strict sense and is therefore detectable ex officio by the Judge if the relevant factual circumstances are duly acquired during the trial. For this reason, the exception of deduction of the aliunde perceptum is not subject to ....
Read moreThe Court, with ruling 6495 of 9/3/2021, as per art. 30 of Law No. 300/1970, confirmed union body members have the right to paid time off for meetings. Use for other purposes can justify dismissal. According to the Court, the abstract relevance for punishing the worker’s conduct requires real verification of its seriousness and consideration ....
Read moreThe Court of Cassation, in ruling no. 7221 of 15 March 2021, confirmed the legal principle according to which the Company’s supplementary contract, and the right recognised to the employee by company practice, does not survive the change in collective bargaining following the company transfer. Facts of the case A worker employed by a company ....
Read moreIn its 25 March 2021 ruling, The Court of Rome, declared the termination of employment during the probationary period, null and void because it was contrary to the dismissal prohibition for financial reasons, introduced by art. 46 of Decree Law 18/2020 (“Cure Italy Decree”) and confirmed by the emergency legislation that succeeded the Decree, if ....
Read moreThe Court of Rome, in its ruling no. 3605 of 19 April, 2021, ruled on the application of the dismissal prohibition, provided for by art. 46 of the “Cure Italy” decree and confirmed by the emergency measures that followed, to executives. Contrary to the conclusions reached on 26 February, the Court ruled that “the literal ....
Read moreThe Court of Cassation, in its ruling of 16 March 2021, no. 7360, established that where the employee dismissed for justified objective reasons had made themselves available for transfer only in certain areas, the employer must prove it is impossible to relocate them in those offices to avoid incurring in the repêchage obligation violation. Facts ....
Read moreThe “Shared protocol for updating measures to combat and contain the spread of the SARS-CoV-2/COVID-19 virus in work environments” was signed on 6 April 2021. It requires workers who remained positive after 21 days of the appearance of COVID-19 symptoms to be readmitted to work only after receiving a negative molecular swab or antigenic swab ....
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Sources attest that Vittorio De Luca is “always able to put himself in the position of the customer in order to fully understand the context.” Aside from advising on employment aspects of transactions, he has notable experience in negotiations with trade unions, damages claims and internal investigations.
Alberto De Luca frequently advises clients on reorganising operations and cross-border due diligence in the context of restructuring and private equity transactions. His clients include domestic pharmaceutical and energy companies.
‘The practice represents a powerful example of experts in all issues surrounding employment and labour laws and practices, providing a 100% integrated approach with all other potentially involved disciplines (e.g. tax, civil and contractual issues, etc.).’
Vittorio De Luca’s clients rely on his ‘Competence, pragmatic approach, client-oriented and brilliant capacity to deeply understand the dynamics and concerns arising from the client organization’
Alberto De Luca is one of the best employment lawyers in Milan. Very responsive and commercially minded. A perfect lawyer to work with when dealing with sophisticated international clients.’
The “outstanding” Vittorio De Luca is celebrated for his “cutting-edge skills coupled with a pragmatic and problem-solving approach”. He has “a perfect mix of theoretical legal knowledge and a strategic approach.”
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